The city of Allentown, which was sued as a co-defendant along with Ammary, had argued the suit should be dismissed because the victim's mother, Victoria Geist, failed to prove any wrongdoing had occurred.

U.S. District Judge Lawrence Stengel dismissed the lawsuit's claims that Ammary lacked probable cause to arrest Wilson, and that charges were filed in retaliation or to cover-up Ammary's wrongful use of the Taser.

But Stengel did not dismiss counts alleging Ammary used excessive force, or that the city of Allentown failed to control Ammary as a "rogue officer."

Stengel's Dec. 20 ruling did not determine whether Ammary and the city were guilty or not of those allegations, and instead will leave the Wilson family to prove those claims at a later trial.

Attorneys for the city and for the Wilson family did not respond to messages today.

The recorded footage includes a gap of about 100 seconds, according to legal documents, and the two sides differ about what sparked the incident.

The city argues Ammary was present due to reports of students being disorderly during dismissal. They allege Wilson was cursing and inciting a crowd of students, then resisted when Ammary tried to arrest her.

In its lawsuit, the Wilson family argues she did not provoke Ammary, who they say grabbed Wilson from behind without identifying himself. They also allege Ammary used racial slurs and made disparaging remarks about Wilson's socioeconomic status.

Wilson was later adjudicated delinquent of resisting arrest, disorderly conduct and other misdemeanor charges, but not for more serious charges of aggravated assault, simple assault and riot, according to court records.

Stengel dismissed the lawsuit's counts alleging Ammary lacked probable cause because an officer needs only to have a reasonable basis to believe a crime is occurring to have probable cause.

The fact that Wilson was adjudicated delinquent of some charges against her is sufficient to show that probable cause exists, Stengel said.

But the judge said it remains to be determined whether Ammary's conduct was excessive force.

Even though Ammary had probable cause to arrest Wilson, Stengel said he was still constrained to use only the level of force which was reasonable to bring her into custody.

Stengel noted that Wilson acted in an "unruly manner" prior to her arrest, but said that did not necessarily mean the use of the Taser was justified.

"Her behavior may have justified a greater use of force than would have been reasonable had Ms. Wilson been cooperative," he wrote. "However, Ms. Wilson’s behavior does not dispense with the reasonableness requirement altogether."

Stengel also said the Wilson family is entitled to conduct additional discovery to determine whether the Allentown Police Department properly trained Ammary in the use of a Taser.

The Wilson family has alleged Ammary was not a candidate for use of a Taser "because of his propensity to use excessive force against the public," according to the lawsuit.